WASSAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, who is serving as a Head Constable under the Punjab Police, has filed the instant petition seeking quashing of the order dated 12.3.2003 (Annexure P-1), whereby his name was removed from the Promotion List (C-II). Further challenge is to the order dated 28.1.2013 (Annexure P-6), whereby the recommendations forwarded by the S.S.P., Amritsar (Rural) for restoration for Promotion List C-II stands declined by the Inspector General of Police, Border Range, Amritsar.

(2.) Having heard counsel for the parties at length, this Court is of the considered view that it is a fit case for the matter to be remanded back to the third respondent and for an order to be passed afresh.

(3.) Briefly it may be noticed that the petitioner was enlisted in the Police Department as a Constable on 12.5.1986. His name was brought on List C-II (Exemptee) and he was promoted as officiating Head Constable vide order dated 28.12.1989. A departmental inquiry was initiated against the petitioner as also another police official in the year 1989 on the allegations that when the petitioner was posted at Police Station, Jandiala he along with the co-delinquent had brought one lady in the police station on 15.9.1989 and kept her illegally in the govt. quarter. The departmental inquiry culminated in findings against the petitioner and a major punishment of forfeiture of two years service with permanent effect was imposed by the punishing authority vide order dated 27.2.1991. There is no challenge to such order of imposition of major penalty.